Comment to article 890. Limitation period for the execution of the decision on the case of an administrative offense, instructions on the need to pay a fine The Code of the Republic of Kazakhstan on Administrative Offences
1. A decision on an administrative offense case, an order on the need to pay a fine, is not subject to execution if it has not been enforced within one year from the date of its entry into force, and for offenses in the field of taxation and antimonopoly legislation of the Republic of Kazakhstan – within five years from the date of its entry into force.
2. In the event of suspension of the execution of a decision in accordance with Article 834 of this Code, the limitation period shall be suspended until the complaint, appeal, or protest of the prosecutor is considered.
3. The limitation period provided for in the first part of this Article shall be interrupted if the person brought to administrative responsibility evades its execution. In this case, the limitation period is resumed from the date of the discovery of this person.
4. In case of postponement of execution of the resolution in accordance with the Article of this Code, the limitation period is suspended until the expiration of the deferral period, and in case of installment execution of the resolution, the limitation period is extended by the installment period.
Part 1. The limitation period for the execution of the decision on the case of an administrative offense, the instructions on the need to pay a fine determines the deadlines for its enforcement. If, within the time limit set by the commented article, the resolution or instruction has not been enforced, then it is not subject to further execution, i.e. the execution procedure cannot be initiated, and the initiated procedure is subject to termination.
The resolution, the order must be executed within:
- five years from the date of its entry into force, and for offenses in the field of taxation and antimonopoly legislation of the Republic of Kazakhstan, one year from the date of its entry into force, for all other administrative offenses.
The decision on the case of an administrative offense, the order on the need to pay a fine, according to art. 883 of the Administrative Code, enter into force.:
1) after the expiration of the time limit set for appealing a decision in the case of an administrative offense, an order on the need to pay a fine, if it has not been appealed or protested.;
2) immediately after the decision on the complaint, protest, as well as the decision in the case provided for in Article 839 of the Administrative Code;
3) immediately in the case provided for in the first paragraph of Part 2 of Article 811 of the Administrative Code;
4) after the announcement of the resolution on the expulsion of a foreigner or stateless person from the Republic of Kazakhstan.
When calculating the limitation period for execution, the hour and day on which the period begins are not taken into account. They determine the beginning of the term, but are not counted in its duration. As a general rule, the time limit starts from the next day. Non-working hours are also included in the calculation of the limitation period. When calculating the term in years, the term expires on the corresponding day of the last month, and if this month does not have a corresponding date, the term ends on the last day of this month. If the end of the term falls on a non-working day (weekend, holiday), then the last day of the term is considered to be the first working day following it. In accordance with paragraph 58 of Article 1 of the Labor Code of the Republic of Kazakhstan, public holidays are days of national and state holidays of the Republic of Kazakhstan. According to Article 84 of the same Code, with a five-day and six-day working week, Sunday is the general day off. The second day off for a five-day working week is established by a collective agreement or by the rules of the labor regulations.
Offenses in the field of taxation are provided for in Chapter 16 of the Administrative Code.
Offenses in the field of antimonopoly legislation include administrative offenses provided for in Chapter 14 of the Administrative Code, in particular, articles 159 (parts five and six), 160 (part one), 161, 162, 163, 163-1, 201 Administrative offenses attributed to the jurisdiction of the antimonopoly authority.
Part 2. The limitation period is suspended in the event of suspension of the execution of the decision to impose an administrative penalty until the complaint, appeal, or protest of the prosecutor is considered in accordance with Article 834 of the Administrative Code. According to the provisions of this article of the Administrative Code, filing a complaint within the prescribed period suspends the execution of the decision to impose an administrative penalty until the complaint is considered. The prosecutor has the right to suspend the execution of the decision on the imposition of an administrative penalty for the duration of the verification of its legality, to give written instructions to authorized officials and bodies (except the court) on the conduct of an additional audit. Based on the results of the inspection, the prosecutor submits an appeal to the relevant body for the cancellation or amendment of the decision or cancels the suspension of the execution of the decision. The prosecutor's filing of an appeal motion suspends the execution of the decision until it is considered.
The terms of consideration of a complaint and a prosecutor's appeal against a court decision are regulated by art. 835 of the Administrative Code. The limitation period is resumed from the end of the period of suspension of the execution of the resolution.
Part 3. The limitation period is interrupted if the person brought to administrative responsibility evades its execution, i.e. commits actions that prevent the timely execution of the resolution or instruction. Evasion may have the following types: evasion of a driver (boatmaster) or tractor driver (tractor driver), deprived of the right to drive vehicles, a vessel or the right to drive a tractor or other self-propelled vehicle, from handing over a driver's license, a certificate for the right to drive a vessel or a tractor driver's license (tractor driver); concealment of income, which may be penalty may be levied in the event of a fine; evasion of a person deprived of the right to hunt from handing over a hunting ticket; evasion by an individual, individual entrepreneur or legal entity from handing over a permit; evasion by a person from serving administrative arrest; evasion by a foreigner or stateless person from administrative expulsion from the Republic of Kazakhstan; unauthorized abandonment by a person subjected to administrative arrest of his place of service before the expiration of administrative arrest, etc.
According to the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated December 19, 2003 No. 12 "On liability for non-execution of judicial acts", failure to execute a court verdict, court decision or other judicial act or executive document that has entered into force, as well as obstruction of their execution, entails liability provided for by law. Administrative liability under Article 669 of the Administrative Code occurs when judicial acts or executive documents are not executed. Non-performance, entailing administrative responsibility, should be understood as the debtor's action or omission, which is expressed in his evasion from the execution of a judicial act or executive document and does not contain signs of a criminally punishable act.
The interrupted calculation of the limitation period for execution is resumed from the date of discovery of the person brought to administrative responsibility.
Part 4. The limitation period is also suspended in the event of a delay in the execution of the decision. The execution of a decision may be delayed if there are circumstances that make the execution of a decision to impose an administrative penalty in the form of administrative arrest, deprivation of a special right, or a fine (with the exception of collecting a fine at the place of commission of an administrative offense) impossible within the time limits established by law for up to one month.
In this case, the limitation period is resumed after the expiration of the deferral period.
The limitation period in case of installment execution of the resolution is extended for the installment period. According to article. 888 of the Administrative Code, the payment of a fine may be delayed by the judge, the body (official) who issued the decision, for a period of up to three months.
Thus, the duration of the extension of the limitation period depends on the duration of the postponement of the execution of the decision.
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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